Terms & Conditions
1.TERMS & CONDITIONS OF SALEThis document informs our clients of the terms and conditions upon which we sell and supply the cakes and similar confectionary, baked goods and relevant tangible and intangible products. Before confirming your order we advise all of our clients to please:
1.1. Read through these terms and conditions, as by ordering any of our Products, Goods or Services listed you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions which may be modified or amended and posted on our Website and duplicated in store from time to time. 1.2 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
1.3 Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
1.4 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Delivery Confirmation.
1.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
1.6 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
1.7 Payment for all Products in this website must be paid in full via credit or debit card (Paypal) or bank transfer.
1.8 We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2.1. The Audrey's Pastry Boutique team are more than happy to discuss any initial enquiries via our social media messaging services. However, all product confirmations, amendments or alterations of the products must be emailed to firstname.lastname@example.org. We will not be liable for any orders, amendments or cancellations unseen or misplaced via our social media channels.
3. YOUR CONSULTATION
Our latest event cake collection should give you plenty of inspiration, and any one of these creations can be customised to incorporate any or all of your own design ideas unique to your event at a suitable cost.
There are many options to choose from and we will help you to find a design that perfectly reflects your personality, ensuring that the centrepiece of your day is everything that you dreamed of. Prior to your consultation, please consider the following:
3.1. Consultations are pre-booked and scheduled accordingly to both parties’ availability. To confirm your consultation schedule, a service payment of Php950 shall be settled inclusive of tasting samples. This charge will be offset against your order if confirmed and a deposit paid on the date your consultation / appointment is scheduled.
3.2. Your signed contract for the supply of the Product confirms all décor and special requests as stated on the contract. It is your responsibility to ensure the contract design and notes incorporate your requirements as agreed during your consultation. Any changes you request after the contract is signed must be sent to us via email, if this alteration is acceptable we will reply and attach this as part of your main contract. The main contract shall then be binding upon both you and us in the form it takes including all annexations that we have both agreed upon.
At your consultation, you can view our extensive portfolio of previous commissions, as well as a selection of our latest collection on display.
We offer a complimentary tasting of our available flavours and will cater for specialist flavours and dietary requirements, where possible, please arrange at the point of booking. We can also discuss the size of the cake in relation to your number of guests. Please consider the following prior to attending your consultation and tasting:
4.1. It is always useful to bring along elements of your theme for inspiration, whether it be a picture of your dress or the floral arrangements, even one of your invitations. We accept swatches in fabric or a paper copy of the colour (e.g. a cut out from a magazine). The swatch must be a minimum of 2” square. If a fabric swatch is unobtainable we will accept a high resolution close up photograph of the pattern you would like us to copy. Audrey's Pastry Boutique will not liable should the image be not clear enough for us to decipher the detail in order to copy. We do not hold or accept your entire outfit or any digital versions of colour swatches. Any outfits brought in store for a colour swatch are at your own risk, we will not be held liable for any damage to the outfit whilst on our premises.
4.2. We cannot guarantee an exact colour match for any samples provided. If you wish to see a sample of the colour we create you must ensure you request this and approve this accordingly. This is a complimentary service. If this is not approved, we reserve the right to match the colour at our discretion and in the absence of your approval, we shall not be responsible for any difference in the shade of the colour.
4.3. All of our cakes are filled with rich buttercream or chocolate ganache and the finest fruit preserves. Please discuss any allergies or special dietary requirements with us before making payment. We offer various dietary options, however, our products may not be suitable for those with certain allergies as our kitchen does handle wheat and nuts.
Please bear in mind that the samples of cake provided during the consultation and tasting meeting are cooked on a smaller scale than the final Products. Therefore the flavours, colours and textures may adjust accordingly when making each final Product.
5. LEAD TIMES
5.1 Almost all of our products are baked and made fresh daily without any preservatives added. However due to fast movement of pastries and baked goods in-store, we require at least one (1) week lead times for orders placed online. This will ensure we have enough stock to accommodate your order(s).
5.2. We advise all of our clients planning their event during the months of September to February to secure their date as early as possible. Whilst we will always try to accommodate all of our clients, our bookings are taken on a first come first serve basis, and we reserve the right to decline orders.
5.3. Your date can always be secured with a deposit payment, and your design can be finalised during your consultation at a later date.
5.4. We kindly request that orders be placed no later than three months before your event, however, should you need to, please contact us, as we have on occasion worked within shorter time frames.
6. ORDERING WITH US
Audrey's Pastry Boutique take great pride in the products that we design and create for our clients and ensure our cakes, pastries and confections are made to the highest of standards. Prior to ordering please consult the following:
6.1. Due to the nature of the icing’s density, any cake designs which are decorated with Royal Icing will require a sharp serrated knife to cut them for both the initial photography cutting of the cake and when cutting the cake into portions for your guests. The Audrey's Pastry Boutique team will score your Royal Iced event cake to enable a clean cut for your event photo shot. This will be indicated by a decorative flourish.
6.2. The cake samples you have chosen during your consultation have been made and cooked on a smaller scale. (Refer to 4.3) The same flavours when cooked on a larger scale will inevitably vary in colour, texture and sweetness due to their size and time cooked.
6.3. We will always ensure that our client’s requirements are met in terms of their chosen flavours, however, we shall not be liable for unreasonable and unmanageable feedback regarding the flavour or sweetness of our cakes post-event. Cakes are meant to be sweet after all.
6.4. All of our cakes are handmade and decorated to your requirements. During manufacturing processes, slight changes may occur with colours, textures, flavours and designs due to the nature of the work entailed, which are out of our control. (Refer to 4.2) These changes will not differ significantly from the specification provided by you at the initial stage of ordering.
6.5. If any choice of colour including that of the inscription is not selected, we reserve the right to select one at our own discretion. We shall use our reasonable endeavours to contact you and agree on the choice of colour before making our selection in the event that the colour is left to our discretion our choice shall be final.
6.6. Final cake / dessert design is uniquely crafted using Audrey's signature style. It will only be based on the peg(s), motif and theme given by the client but not made to exactly replicate any design the Client has sent.
7.1. A 50% non-refundable deposit is required for any customized product or service at the point of order. The outstanding balance is a day prior (or earlier) to the date of your event/ delivery/ collection.
7.2 If your event should be deferred for any reason we will accommodate this change where possible. Any further amendments will incur an administration fee.
7.3. Orders placed inside of four weeks will require payment in full at the point of order and are non-refundable. We accept payment via bank transfer, deposit or checks.
8. CANCELLATIONS AND REFUND POLICY
8.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clauses 8.4 - 8.5 below).
8.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
8.3 You will not have any right to cancel a Contract for the supply of any of the Products which are perishable (i.e. for the avoidance of any doubt any of the Products which are food or drink based) and / or intangible (i.e. digital goods that can be easily dissimenated upon purchase).
8.4 If you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with clause 19that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is substandard or otherwise defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a substandard or otherwise defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
8.5 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8.6 For booking cancellations greater than six week’s notice prior to your event date or event, – specially ordered items or work was already undertaken in accordance with your order will require payment.
8.7 For cancellations with less than six weeks’ notice before the completion date, the full balance will be due.
9. EQUIPMENT RENTAL
9.1. All hired cake stands and equipment must be returned to us within 72 hours from the hired date for the refund to be issued.
10.1. Where possible, we will always accommodate alterations. However, alterations are made at our discretion and should the overall cost be affected, then your balance will be adjusted accordingly.
10.2. We respectfully ask that changes are made no later than six weeks prior to the delivery/collection date.
11.1. Should you wish to collect your cake, we will provide you with full transport, assembly and storage instructions where required. Please note that once the cake has been collected, the client is responsible, Audrey's Pastry Boutique will not liable for any damages thereafter.
11.2. Cake stand rental can be arranged, with a small security deposit, again, please note, it is the client’s responsibility to return the stand within the agreed time frame (refer to 9.1)
11.3. If collecting, ensure you collect your Product as stated on your order form. Goods and Products not collected will be kept for 24 hours after which they will be disposed of with no refunds payable.
11.4. Once the Products have been collected we cannot be held responsible for any damage thereafter. You will have the opportunity to check and approve your order on collection, once the Goods have been collected and leave our store this indicates acceptance of the Goods.
11.5. It is your duty to ensure products collected are kept in the environment required. If you are not aware of such requirements then you should request the assistance of a member of the team. We shall not be responsible for any losses incurred by you or any degradation to the Goods supplied where the Goods have not been stored by you in the requisite environmental conditions.
12.1. As part of your consultation, we can discuss the delivery and set up of your cake should you require it, however, as there are limitations to the number of deliveries we can conduct, an advance booking is the best way to secure your date during the busy event season.
12.2. Our delivery service will include liaison with your venue, assembly of the cake in situ, and dressing with fresh flowers on the cake if so required.
12.3. The service is dependent upon availability and will be charged on an hourly basis determined by the travel distance and the time and labour required for assembling the cake.
12.4.1. Once your cake has been delivered and set up by the ADC team we take no further responsibility for any damage after we have completed the setup.
12.4.2. Audrey's Pastry Boutique will not be liable if the cake is moved by and damaged by another party.
12.5. Audrey's Pastry Boutique will not be liable if the cake is affected by extremely hot weather. Buttercream cakes such as Semi-Naked or Naked-Cakes would most be affected by heat and Audrey's Pastry Boutique will not be liable if these cakes are ordered during the summer season or if positioned in direct sunlight or near a heat source. All of which would have been advised against during your consultation.
12.6. If we have previously agreed to meet another supplier and they are late or not ready to collaborate on the day, i.e. the florist for the cake flowers, dance floor not laid for the cake to be positioned on or the supplier of the cake stand or knife not arrived on time. Audrey's Pastry Boutique will not wait indefinitely on site for them as this will delay the set up of other clients cakes.
13. FORCE MAJEURE
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
13.2 Our performance under this Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13.3 Down-payment is non-refundable. No down-payment refund shall be given should the client decide to cancel the order due to the Force Majeure Event or any reason without the vendor being at fault or beyond the vendor's reasonable control.
13.4 CORONAVIRUS 2020
In light of the Coronavirus Pandemic situation, Audrey's Pastry Boutique are following Government Guidelines and currently our business is operating as usual.
We have however revised our terms and conditions in a bid to support our clients through this unpredictable period. In the event that your booking is deferred because the Government orders all cancellations of gatherings above a specific number, then Audrey's Pastry Boutique will honour your order and we will endeavor to fulfill our contractual obligation at a later date. We are a small business and therefore if your rescheduled date, time or venue reaches our capacity, then surcharges may be necessary in order for Audrey's Pastry Boutique honour your booking.
In the event that your order is cancelled at very short notice, (i.e. less than a week) and your cake has been partially made or completed, we will still honour your order if possible, at a rescheduled date, however, net costs incurred up to the point of the cancellation will need to be met by the client.
If the client chooses to cancel their booking but the venue is still operating as usual then, unfortunately, we are unable to move your booking date or refund your deposit.
Audrey's Pastry Boutique is committed to doing our utmost to fulfill as many orders as we can during this difficult time and we thank you in advance for your co-operation and support.
14.1. If you are not completely satisfied with your product we would appreciate that any issues be raised as soon as possible. Any dissatisfaction of our products must be brought to our attention within 3 working days after your event. Any issues raised after this time our authorised complaints handler will be unable to address your feedback.
14.2. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with:
14.2.1. the Products
14.2.2. our Service to you
14.2.3. any other matter
please contact us as soon as possible and send and address all complaints to our Authorised Complaints Handler
14.3. We shall use our best endeavours to attempt to resolve the matter using our internal complaints procedure. Upon receipt of a validly addressed our Complaints Handler shall:
14.3.1. Acknowledge your complaint within 5 working days of receipt of your complaint
14.3.2. Investigate your complaint and speak with all the relevant parties involved.
14.3.3. The Complaints Handler will send you a detailed, written reply to your complaint, including their suggestions for resolving the matter. This reply will be sent within 21 working days of our first response.
14.3.4. If you are not satisfied with our response, contact us again and we will arrange for a senior manager or Our director to review the decision.
14.3.5. We will write to you within 14 working days of receiving your request for a review, confirming the final decision on your complaint and explaining our reasons.
Whilst any information or prices shown on the website are kept as up-to-date as possible, Audrey's Pastry Boutique reserves the right to change the quoted prices without notice and customers should confirm prices when placing their order.
Placing an order with Audrey's Pastry Boutique is taken as acceptance of these terms and conditions. The Client’s statutory rights are not affected. Philippine law applies to all transactions and local courts shall have exclusive jurisdiction over any matters arising from these terms and conditions.